Tempe, AZ – AZ Patriots leader Jennifer Harrison’s actions in spraying protestors with bear spray on July 3 merit the consideration of felony charges, according to the Tempe Prosecutors Office and Tempe Police.

That is why City of Tempe prosecutors have today dismissed without prejudice the two misdemeanor charges – assault and disorderly conduct – against Harrison for her actions during an abortion rights protest near Mill Avenue. The dismissal at the city level allows the case to proceed to the Maricopa County Attorney’s Office for its consideration of felony charges in the case. If the County Attorney declines to proceed with felony charges, the City of Tempe again will review pursuing misdemeanor charges in the incident.

Tempe has jurisdiction to prosecute only misdemeanor cases, and Maricopa County can prosecute felonies. Upon review of any case originally charged in Tempe as a misdemeanor, the decision can be made to dismiss without prejudice in order to allow Maricopa County to evaluate felony charges. If a case is fully adjudicated as a misdemeanor, the same case may not be charged as a felony because of double jeopardy protections in the Fifth Amendment of the U.S. Constitution.

Dismissing ‘without prejudice’ means that the case could be prosecuted for misdemeanor charges by Tempe if Maricopa County declines to prosecute for one or more felonies. Tempe has one year from the date of an incident to bring misdemeanor charges.

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